I-134, add explanation letter?

[cococacao 14]

I'm a USC w/ Mexican fiance, and I just submitted my I-129F forms today. Yay! Thinking ahead to the Affidavit of Support...

I'm a graduate student and I've never been employed, but I have plenty of assets, WELL over 5x the poverty limit for my household. And I do have a bit of income from stocks, around $5k.

Based on this advice, I won't need a co-sponsor, right? My dad is willing to co-sponsor but he too is unemployed (retired), so he could only co-sponsor based on savings. Should I have him co-sponsor just in case? Just checking because I'm worried about it looking bad that I've never been employed, not just currently unemployed.

[KayDeeCee 4,893]

Your father is retired and unemployed? He receives no retirement income at all and lives solely off of his savings?

They tend to understand about being a student and take into account that you can get a decent paying job once your graduate. If you have 5 times (about $100k) in assets that can be turned to cash within a year without undue hardship to you, then that could be enough to get you by without a co-sponsor. However, it will be entirely up to the CO to make that decision. They will look at the totality of your case and decide if they believe your fiance(e) will become a public charge or not.

[cococacao 14]

Your father is retired and unemployed? He receives no retirement income at all and lives solely off of his savings?

Correct, although I guess he does have a little bit of income from stocks and Social Security.

They tend to understand about being a student and take into account that you can get a decent paying job once your graduate. If you have 5 times (about $100k) in assets that can be turned to cash within a year without undue hardship to you, then that could be enough to get you by without a co-sponsor. However, it will be entirely up to the CO to make that decision. They will look at the totality of your case and decide if they believe your fiance(e) will become a public charge or not.

Okay, thanks.

[cococacao 14]

Since I'm in kind of an unusual case, I was thinking of attaching a letter explaining my financial situation. Something like the intent to marry letter, like this:

To Whom It May Concern:

I, NAME, do hereby state that I am able and willing to financially support FIANCE upon his arrival into the US using the K-1 visa.

I derive an annual income of approximately $16,000 from capital gains.

I currently have $00,000 on deposit at my bank.

I am enrolled at UNIVERSITY working towards MASTER'S DEGREE. Upon completion of my degree (estimated 2015), I will be eligible for and seek employment as a JOB, a position that earns an annual income of approximately $00,000 in the state of Oregon.

Documentary evidence of the preceding is enclosed, including:

- Form 1030: Individual Income Tax Return for NAME for 2013

- Statement from a bank officer

- University transcript

Yours truly,

NAME

Would that be weird? Unnecessary?

[cococacao 14]

I posted this question in the embassy and consulate board, but didn't get much response, so reposting here.

I'm an unemployed student with low income from capital gains and a lot of savings (more than enough to compensate for low income), and my fiancé is a Mexican citizen. For the affidavit of support, I was thinking of attaching a letter explaining my financial situation. Something like the intent to marry letter, like this:

To Whom It May Concern:

I, NAME, am able and willing to financially support FIANCE upon his arrival into the US using the K-1 visa.

I derive an annual income of approximately $16,000 from capital gains.

I currently have $00,000 on deposit at my bank.

I am enrolled at UNIVERSITY working towards MASTER'S DEGREE. Upon completion of my degree (estimated 2015), I will be eligible for and seek employment as a JOB, a position that earns an annual income of approximately $00,000 in the state of Oregon.

Documentary evidence of the preceding is enclosed, including:

- Form 1030: Individual Income Tax Return for NAME for 2013

- Statement from a bank officer

- University transcript

Yours truly,

NAME

Would that be weird? Unnecessary?

[KayDeeCee 4,893]

So your steady, ongoing income is $16k a year? Is your household size only 2? If so, you are about $4k short in income. Are your assets in the amount of at least $12k(amount of income you are short times 3) to make up for the shortfall in income?

I do not think the explanation is weird. Not entirely sure it is needed or will be read, but letting them know you will graduate soon and employable could be helpful.

[baron555 934]

Current income is key. Get a cosponsor

[cococacao 14]

So your steady, ongoing income is $16k a year? Is your household size only 2? If so, you are about $4k short in income. Are your assets in the amount of at least $12k(amount of income you are short times 3) to make up for the shortfall in income?

I do not think the explanation is weird. Not entirely sure it is needed or will be read, but letting them know you will graduate soon and employable could be helpful.

My income changes every year but I expect it to be at least 16k or more next year and the years to follow. Yes, household will only be 2 (household is only me + dependents right? that's what other people on these forums said). I thought the assets had to be income shortfall x 5, not x 3? In any case, yes, my assets are much more than that.

Current income is key. Get a cosponsor

From the information I've gotten from this site, not having enough income is fine if you have assets, no?

[KayDeeCee 4,893]

My income changes every year but I expect it to be at least 16k or more next year and the years to follow. Yes, household will only be 2 (household is only me + dependents right? that's what other people on these forums said). I thought the assets had to be income shortfall x 5, not x 3? In any case, yes, my assets are much more than that.

From the information I've gotten from this site, not having enough income is fine if you have assets, no?

How much you need in assets comes from the I-864 guidelines, which some consulates use even with the I-134 for a K-1 because they know you will need to file the I-864 soon when you need to file for AOS after you marry in the US. Assets for a spouse are 3 times instead of 5, so they use the 3 times for fiance(e) too, along that same guideline.

Can you provide proof your interest income has been fairly steady and ongoing? Maybe show how much you made in the last 2 or 3 years instead of just this past one? That might help too. If your assets are plenty more than what is needed, then should not be a problem, though they can ask you to get a co-sponsor if they feel the beneficiary may become a public charge.

I do not know if things have changed any, but Juarez used to be pretty lax about the financials. I would attempt to get approved without the co-sponsor and only provide one if they ask for it at the interview. They may approve you without one. You could have one lined up just in case as well, and have your fiance(e) take the co-sponsor's I-134 and supporting documents to the interview and only hand them over if they become necessary.

Edited May 1, 2014 by Jay-Kay

[cococacao 14]

Thank you so much, that is extremely helpful!! I'll send in a couple years of 1030s then and try to get a cosponsor just in case.

[Ryan H 3,812]

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